On the 19th of June, 1864, the Alabama left the harbor of Cherbourg to engage the Kearsarge, which had been lying off and on the port for several days previously. Captain Semmes in his report of the engagement writes:
"After the lapse of about one hour and ten minutes, our ship was ascertained to be in a sinking condition . . . to reach the French coast, I gave the ship all steam, and set such of the fore and aft sails as were available. The ship filled so rapidly, however, that, before we had made much progress, the fires were extinguished. I now hauled down my colors, and dispatched a boat to inform the enemy of our condition. Although we were now but four hundred yards from each other, the enemy fired upon me five times after my colors had been struck. It is charitable to suppose that a ship of war, of a Christian nation, could not have done this intentionally."
Captain Semmes states that, his waist-boats having been torn to pieces, he sent the wounded, and such of the boys of the ship as could not swim, in his quarter-boats, off to the enemy's ship, and, as there was no appearance of any boat coming from the enemy, the crew, as previously instructed, jumped overboard, each to save himself if he could. All the wounded—twenty-one—were saved; ten of the crew were ascertained to have been drowned. Captain Semmes stood on the quarter-deck until his ship was settling to go down, then threw his sword into the sea, there to lie buried with the ship he loved so well, and leaped from the deck just in time to avoid being drawn down into the vortex created by her sinking. He and many of his crew were picked up by a humane English gentleman in the boats of his yacht, the Deerhound. Others were saved by two French pilot-boats which were near the scene. The remainder, it is hoped, were picked up by the enemy. Captain Semmes states in his official report, two days after the battle, that about the time of his rescue by the Deerhound the "Kearsarge sent one and then tardily another boat." The reader is invited to compare this with the conduct of Captain Semmes when he sank the Hatteras, and when, though it was in the night, by ranging up close to her, and promptly using all his boats, he saved her entire crew.
Mention has been made of the defective ammunition of the Alabama, and in that connection I quote the following passage from Captain Semmes's book, on which I have so frequently and largely drawn for facts in regard to the Sumter and the Alabama (pages 761, 762):
"I lodged a rifle percussion shell near to her [the Kearsarge's] sternpost—where there were no chains—which failed to explode because of the defect of the cap. If the cap had performed its duty, and exploded the shell, I should have been called upon to save Captain Winslow's crew from drowning, instead of his being called upon to save mine."
As it appears by the same authority that the Kearsarge had greater speed than the Alabama, it followed that, though the Captain of the Kearsarge might have closed with and boarded the Alabama, the Captain of the Alabama could not board the Kearsarge, unless by consent.
The Alabama, built like a merchant-ship, sailed in peaceful garb from British waters, on a far-distant sea received her crew and armament, fitted for operations against the enemy's commerce. On "blue-water" she was christened, and in the same she was buried. She lived the pride of her friends and the terror of her enemies. She went out to fight a wooden vessel and was sunk by one clad in secret armor. Those rescued by the Deerhound from the water were landed at Southampton, England.
The United States Government then, through its minister, Mr. Charles Francis Adams, made the absurd demand of the English Government that they should be delivered up to her as escaped prisoners. To this demand Lord John Russell replied as follows:
"With regard to the demand made by you, by instructions from your Government, that those officers and men should now be delivered up to the Government of the United States, as being escaped prisoners of war, her Majesty's Government would beg to observe that there is no obligation by international law which can bind the government of a neutral state to deliver up to a belligerent prisoners of war who may have escaped from the power of such belligerent, and may have taken refuge within the territory of such neutral. Therefore, even if her Majesty's Government had any power, by law, to comply with the above-mentioned demand, her Majesty's Government could not do so without being guilty of a violation of the duties of hospitality. In point of fact, however, her Majesty's Government have no lawful power to arrest and deliver up the persons in question. They have been guilty of no offense against the laws of England, and they have committed no act which would bring them within the provisions of a treaty between Great Britain and the United States for the surrender of the offenders; and her Majesty's Government are, therefore, entirely without any legal means by which, even if they wished to do so, they could comply with your above-mentioned demand."
It will be observed that her Majesty's Minister mercifully forbore to expose the pretensions that "the persons in question" had been prisoners, and confined his answer to the case as it would have been had that allegation been true. There are other points in this transaction which will be elsewhere presented.